{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/28.2-232.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/28.2-232.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/28.2-232.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/28.2-232.html"}],"law_id":61193,"edition_id":1,"section_id":61193,"structure_id":13890,"section_number":"28.2-232","catch_line":"Revocation of licenses","history":"1962, c. 406, \u00a7 28.1-36; 1970, c. 610; 1989, c. 2; 1992, c. 836; 2013, c. 50; 2015, c. 468; 2017, c. 630.","full_text":"A\n\nThe Commission may revoke the fishing privileges within the Commonwealth’s tidal waters and revoke or prohibit the issuance, reissuance, or renewal of any licenses if, after a hearing held after 10 days’ notice to the applicant or licensee, it finds that the person has violated any provision of this subtitle. The Commission shall not revoke any license other than the license for the fishery in which the violation occurred. The Commission may revoke licenses other than the applicable license upon a second or subsequent violation within five years.B\n\nThe duration of the license revocation and prohibition shall be fixed by the Commission up to a maximum of five years, taking into account (i) evidence of repeated violations of the conservation, health, or safety laws and regulations; (ii) abusive conduct and behavior toward officers; and (iii) the damage that has occurred, or might have occurred, to the natural resources, the public health, or the seafood industry.\n\t\t\tIn determining whether to revoke a person’s tidal fishing privileges for up to a maximum of five years, the Commission shall take into account (i) evidence of habitual disregard for the conservation, health, or safety laws and regulations; (ii) whether the violation of this subtitle was committed while the person’s licenses or privileges were revoked or while the person was under a Commission-ordered probation period; and (iii) evidence that significant harm occurred, or might have occurred, to the natural resources, the public health, or the seafood industry.C\n\nThe Commission may assess a civil penalty of up to $10,000 against a person if it finds, after a hearing held after 10 days’ notice, that the person has engaged in fishing, other than for recreational purposes as defined in § 28.2-226.1, while the person’s applicable licenses or fishing privileges have been revoked pursuant to this section or § 28.2-528. In setting the amount of the civil penalty, the Commission shall consider the person’s history of violating the conservation, health, and safety laws and regulations of the Commonwealth. The Commission shall accept payment of the civil penalty by credit card and may collect such actual credit card service charges as apply.D\n\nIf the person fails to pay the civil penalty within 180 days of the assessment of the civil penalty by the Commission, the Commissioner may transmit a true copy of the order assessing such civil penalty to the clerk of the court of any county or city wherein it is ascertained that the person owing the penalty has any estate, and the clerk to whom such copy is so sent shall record it, as a judgment is required by law to be recorded, and shall index the same as well in the name of the Commonwealth as of the person owing the penalty, and thereupon there shall be a lien in favor of the Commonwealth on the property of the person within such county or city in the amount of the civil penalty.E\n\nCivil penalties collected pursuant to this section shall be deposited into the Virginia Marine Products Fund established in § 3.2-2705.\n\t\t\tAn appeal from the Commission’s decision may be taken to the courts as provided in Article 3 (§ 28.2-216 et seq.).","order_by":null,"text":{"0":{"id":223629,"text":"The Commission may revoke the fishing privileges within the Commonwealth’s tidal waters and revoke or prohibit the issuance, reissuance, or renewal of any licenses if, after a hearing held after 10 days’ notice to the applicant or licensee, it finds that the person has violated any provision of this subtitle. The Commission shall not revoke any license other than the license for the fishery in which the violation occurred. The Commission may revoke licenses other than the applicable license upon a second or subsequent violation within five years.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":223630,"text":"The duration of the license revocation and prohibition shall be fixed by the Commission up to a maximum of five years, taking into account (i) evidence of repeated violations of the conservation, health, or safety laws and regulations; (ii) abusive conduct and behavior toward officers; and (iii) the damage that has occurred, or might have occurred, to the natural resources, the public health, or the seafood industry.\n\t\t\tIn determining whether to revoke a person’s tidal fishing privileges for up to a maximum of five years, the Commission shall take into account (i) evidence of habitual disregard for the conservation, health, or safety laws and regulations; (ii) whether the violation of this subtitle was committed while the person’s licenses or privileges were revoked or while the person was under a Commission-ordered probation period; and (iii) evidence that significant harm occurred, or might have occurred, to the natural resources, the public health, or the seafood industry.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":223631,"text":"The Commission may assess a civil penalty of up to $10,000 against a person if it finds, after a hearing held after 10 days’ notice, that the person has engaged in fishing, other than for recreational purposes as defined in § 28.2-226.1, while the person’s applicable licenses or fishing privileges have been revoked pursuant to this section or § 28.2-528. In setting the amount of the civil penalty, the Commission shall consider the person’s history of violating the conservation, health, and safety laws and regulations of the Commonwealth. The Commission shall accept payment of the civil penalty by credit card and may collect such actual credit card service charges as apply.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":223632,"text":"If the person fails to pay the civil penalty within 180 days of the assessment of the civil penalty by the Commission, the Commissioner may transmit a true copy of the order assessing such civil penalty to the clerk of the court of any county or city wherein it is ascertained that the person owing the penalty has any estate, and the clerk to whom such copy is so sent shall record it, as a judgment is required by law to be recorded, and shall index the same as well in the name of the Commonwealth as of the person owing the penalty, and thereupon there shall be a lien in favor of the Commonwealth on the property of the person within such county or city in the amount of the civil penalty.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":223633,"text":"Civil penalties collected pursuant to this section shall be deposited into the Virginia Marine Products Fund established in § 3.2-2705.\n\t\t\tAn appeal from the Commission’s decision may be taken to the courts as provided in Article 3 (§ 28.2-216 et seq.).","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":13890,"edition_id":1,"name":"Licensing Generally","identifier":"5","label":"article","depth":4,"order_by":1,"parent_id":12815,"metadata":{},"date_created":"2026-06-26 03:46:12","date_modified":"2026-06-26 03:46:12","permalink":{"id":190895,"object_type":"structure","relational_id":13890,"identifier":"5","token":"28.2\/II\/2\/5","url":"\/28.2\/II\/2\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12815,"edition_id":1,"name":"General Provisions","identifier":"2","label":"chapter","depth":3,"order_by":1,"parent_id":12814,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":190761,"object_type":"structure","relational_id":12815,"identifier":"2","token":"28.2\/II\/2","url":"\/28.2\/II\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12814,"edition_id":1,"name":"Tidal Fisheries","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12813,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":190673,"object_type":"structure","relational_id":12814,"identifier":"II","token":"28.2\/II","url":"\/28.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12813,"edition_id":1,"name":"Fisheries and Habitat of the Tidal Waters","identifier":"28.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":190589,"object_type":"structure","relational_id":12813,"identifier":"28.2","token":"28.2","url":"\/28.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":64743,"structure_id":13890,"section_number":"28.2-225","catch_line":"Fishing license required; penalty","url":"\/28.2-225\/","token":"28.2\/II\/2\/5\/28.2-225","metadata":false},{"id":75990,"structure_id":13890,"section_number":"28.2-226","catch_line":"Exemptions from licensing requirements","url":"\/28.2-226\/","token":"28.2\/II\/2\/5\/28.2-226","metadata":false},{"id":73485,"structure_id":13890,"section_number":"28.2-226.1","catch_line":"Recreational gear license required","url":"\/28.2-226.1\/","token":"28.2\/II\/2\/5\/28.2-226.1","metadata":false},{"id":70209,"structure_id":13890,"section_number":"28.2-226.2","catch_line":"Commission to establish requirements for commercial gear licenses used for recreational purposes","url":"\/28.2-226.2\/","token":"28.2\/II\/2\/5\/28.2-226.2","metadata":false},{"id":59640,"structure_id":13890,"section_number":"28.2-227","catch_line":"Special nonresident harvester's license; fee and oath; revocation; penalty","url":"\/28.2-227\/","token":"28.2\/II\/2\/5\/28.2-227","metadata":false},{"id":54928,"structure_id":13890,"section_number":"28.2-228","catch_line":"Licenses for purchase of fish, shellfish, or marine organisms from the catcher; fee","url":"\/28.2-228\/","token":"28.2\/II\/2\/5\/28.2-228","metadata":false},{"id":68479,"structure_id":13890,"section_number":"28.2-228.1","catch_line":"Seafood landing licenses","url":"\/28.2-228.1\/","token":"28.2\/II\/2\/5\/28.2-228.1","metadata":false},{"id":60992,"structure_id":13890,"section_number":"28.2-229","catch_line":"When licenses terminate; proration and refund not permitted","url":"\/28.2-229\/","token":"28.2\/II\/2\/5\/28.2-229","metadata":false},{"id":69278,"structure_id":13890,"section_number":"28.2-230","catch_line":"Penalty for false statements or altering a fishing license; penalty","url":"\/28.2-230\/","token":"28.2\/II\/2\/5\/28.2-230","metadata":false},{"id":60414,"structure_id":13890,"section_number":"28.2-231","catch_line":"Exhibition of license; display to officers; penalty","url":"\/28.2-231\/","token":"28.2\/II\/2\/5\/28.2-231","metadata":false},{"id":61193,"structure_id":13890,"section_number":"28.2-232","catch_line":"Revocation of licenses","url":"\/28.2-232\/","token":"28.2\/II\/2\/5\/28.2-232","metadata":false}],"previous_section":{"id":60414,"structure_id":13890,"section_number":"28.2-231","catch_line":"Exhibition of license; display to officers; penalty","url":"\/28.2-231\/","token":"28.2\/II\/2\/5\/28.2-231","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/28.2-232\/","history_text":"

This law was first created in 1962. The record of its establishment is cataloged in chapter 406 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1962 \u201cActs\u201d aren\u2019t available online. It has been modified 6 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1970, chapter 610; in 1989, chapter 2; in 1992, chapter 836; in 2013, chapter 50<\/a>; in 2015, chapter 468<\/a>; in 2017, chapter 630<\/a>.<\/p>","references":[{"id":73485,"section_number":"28.2-226.1","catch_line":"Recreational gear license required","order_by":null,"url":"\/28.2-226.1\/"},{"id":59640,"section_number":"28.2-227","catch_line":"Special nonresident harvester's license; fee and oath; revocation; penalty","order_by":null,"url":"\/28.2-227\/"},{"id":73877,"section_number":"28.2-237","catch_line":"Removal of abandoned pole or stake; revocation of licenses for failure to remove stakes","order_by":null,"url":"\/28.2-237\/"},{"id":82800,"section_number":"28.2-528","catch_line":"Revocation of licenses for theft of oysters","order_by":null,"url":"\/28.2-528\/"}],"refers_to":[{"id":77161,"section_number":"28.2-216","catch_line":"Hearings before Commission","order_by":null,"url":"\/28.2-216\/"},{"id":73485,"section_number":"28.2-226.1","catch_line":"Recreational gear license required","order_by":null,"url":"\/28.2-226.1\/"},{"id":82800,"section_number":"28.2-528","catch_line":"Revocation of licenses for theft of oysters","order_by":null,"url":"\/28.2-528\/"},{"id":59434,"section_number":"3.2-2705","catch_line":"Virginia Marine Products Fund established","order_by":null,"url":"\/3.2-2705\/"}],"permalink":{"id":190937,"object_type":"law","relational_id":61193,"identifier":"28.2-232","token":"28.2\/II\/2\/5\/28.2-232","url":"\/28.2-232\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/28.2-232\/","token":"28.2\/II\/2\/5\/28.2-232","dublin_core":{"Title":"Revocation of licenses","Type":"Text","Format":"text\/html","Identifier":"\u00a7 28.2-232","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Commission<\/span> may revoke the fishing<\/span> privileges<\/span> within the Commonwealth’s tidal waters and revoke or prohibit the issuance, reissuance, or renewal of any licenses if, after a hearing<\/span> held after 10 days’ notice to the applicant or licensee, it finds that the person has violated any provision of this subtitle. The Commission<\/span> shall not revoke any license other than the license for the fishery in which the violation occurred. The Commission<\/span> may revoke licenses other than the applicable license upon a second or subsequent violation within five years. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The duration of the license revocation<\/span> and prohibition shall be fixed by the Commission<\/span> up to a maximum of five years, taking into account (i) evidence<\/span> of repeated violations of the conservation, health, or safety laws<\/span> and regulations; (ii) abusive conduct and behavior toward officers<\/span>; and (iii) the damage that has occurred, or might have occurred, to the natural resources, the public health, or the seafood industry.\n\t\t\tIn determining whether to revoke a person’s tidal fishing<\/span> privileges<\/span> for up to a maximum of five years, the Commission<\/span> shall take into account (i) evidence<\/span> of habitual disregard for the conservation, health, or safety laws<\/span> and regulations; (ii) whether the violation of this subtitle was committed while the person’s licenses or privileges<\/span> were revoked or while the person was under a Commission<\/span>-ordered probation<\/span> period; and (iii) evidence<\/span> that significant harm occurred, or might have occurred, to the natural resources, the public health, or the seafood industry. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Commission<\/span> may assess a civil penalty<\/span> of up to $10,000 against a person if it finds, after a hearing<\/span> held after 10 days’ notice, that the person has engaged in fishing<\/span>, other than for recreational purposes as defined in § 28.2-226.1<\/a>, while the person’s applicable licenses or fishing<\/span> privileges<\/span> have been revoked pursuant to this section or § 28.2-528<\/a>. In setting the amount of the civil penalty<\/span>, the Commission<\/span> shall consider the person’s history of violating the conservation, health, and safety laws<\/span> and regulations of the Commonwealth. The Commission<\/span> shall accept payment of the civil penalty<\/span> by credit card and may collect such actual credit card service charges as apply. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If the person fails to pay the civil penalty<\/span> within 180 days of the assessment of the civil penalty<\/span> by the Commission<\/span>, the Commissioner<\/span> may transmit a true copy of the order<\/span> assessing such civil penalty<\/span> to the clerk of the court<\/span> of any county or city wherein it is ascertained that the person owing the penalty<\/span> has any estate, and the clerk to whom such copy is so sent shall record it, as a judgment<\/span> is required by law<\/span> to be recorded, and shall index the same as well in the name of the Commonwealth as of the person owing the penalty<\/span>, and thereupon there shall be a lien<\/span> in favor of the Commonwealth on the property of the person within such county or city in the amount of the civil penalty<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Civil penalties collected pursuant to this section shall be deposited into the Virginia Marine Products Fund established in § 3.2-2705<\/a>.\n\t\t\tAn appeal<\/span> from the Commission<\/span>’s decision may be taken to the courts<\/span> as provided in Article 3 (§ 28.2-216<\/a> et seq.). <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREVOCATION OF LICENSES (\u00a7 28.2-232)\n\nA. The Commission may revoke the fishing privileges within the\nCommonwealth’s tidal waters and revoke or prohibit the issuance,\nreissuance, or renewal of any licenses if, after a hearing held after 10\ndays’ notice to the applicant or licensee, it finds that the person has\nviolated any provision of this subtitle. The Commission shall not revoke any\nlicense other than the license for the fishery in which the violation occurred.\nThe Commission may revoke licenses other than the applicable license upon a\nsecond or subsequent violation within five years.\n\nB. The duration of the license revocation and prohibition shall be fixed by the\nCommission up to a maximum of five years, taking into account (i) evidence of\nrepeated violations of the conservation, health, or safety laws and regulations;\n(ii) abusive conduct and behavior toward officers; and (iii) the damage that has\noccurred, or might have occurred, to the natural resources, the public health,\nor the seafood industry.\n\t\t\tIn determining whether to revoke a person’s tidal fishing privileges\nfor up to a maximum of five years, the Commission shall take into account (i)\nevidence of habitual disregard for the conservation, health, or safety laws and\nregulations; (ii) whether the violation of this subtitle was committed while the\nperson’s licenses or privileges were revoked or while the person was under\na Commission-ordered probation period; and (iii) evidence that significant harm\noccurred, or might have occurred, to the natural resources, the public health,\nor the seafood industry.\n\nC. The Commission may assess a civil penalty of up to $10,000 against a person\nif it finds, after a hearing held after 10 days’ notice, that the person\nhas engaged in fishing, other than for recreational purposes as defined in\n§ 28.2-226.1, while the person’s applicable licenses or fishing\nprivileges have been revoked pursuant to this section or § 28.2-528. In\nsetting the amount of the civil penalty, the Commission shall consider the\nperson’s history of violating the conservation, health, and safety laws\nand regulations of the Commonwealth. The Commission shall accept payment of the\ncivil penalty by credit card and may collect such actual credit card service\ncharges as apply.\n\nD. If the person fails to pay the civil penalty within 180 days of the\nassessment of the civil penalty by the Commission, the Commissioner may transmit\na true copy of the order assessing such civil penalty to the clerk of the court\nof any county or city wherein it is ascertained that the person owing the\npenalty has any estate, and the clerk to whom such copy is so sent shall record\nit, as a judgment is required by law to be recorded, and shall index the same as\nwell in the name of the Commonwealth as of the person owing the penalty, and\nthereupon there shall be a lien in favor of the Commonwealth on the property of\nthe person within such county or city in the amount of the civil penalty.\n\nE. Civil penalties collected pursuant to this section shall be deposited into\nthe Virginia Marine Products Fund established in § 3.2-2705.\n\t\t\tAn appeal from the Commission’s decision may be taken to the courts as\nprovided in Article 3 (§ 28.2-216 et seq.).\n\nHISTORY: 1962, c. 406, \u00a7 28.1-36; 1970, c. 610; 1989, c. 2; 1992, c. 836; 2013,\nc. 50; 2015, c. 468; 2017, c. 630.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}